CONSERVATION LAW FOUNDATION v. MOSBACHER

No. 91-2122.

966 F.2d 39 (1992)

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Plaintiffs, Appellees, v. Robert A. MOSBACHER, et al., Defendants, Appellees. Associated Fisheries of Maine, et al., Intervenor Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 11, 1992.


Attorney(s) appearing for the Case

Ralph J. Gillis with whom Gillis & Campbell, Hingham, Mass., was on brief, for intervenor defendants, appellants Associated Fisheries of Maine et al.

Peter Shelley with whom Conservation Law Foundation, Boston, Mass., was on brief, for plaintiffs, appellees Conservation Law Foundation and Massachusetts Audubon Soc.

Peter A. Appel, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., Judith S. Yogman, Asst. U.S. Atty., Boston, Mass., David C. Shilton, Peter H. Van Tuyn, Attys., Dept. of Justice, Margaret F. Hayes, and Gene S. Martin, Office of General Counsel, Nat. Oceanic & Atmospheric Admin., Washington, D.C., were on brief, for federal defendants, appellees.

Before TORRUELLA, Circuit Judge, CAMPBELL and WEIS, Senior Circuit Judges.


WEIS, Senior Circuit Judge.

In this appeal, we determine that a regulated group has a sufficient interest to intervene as of right in a suit filed by public interest organizations seeking more extensive regulation by a federal agency. We also conclude that the proposed intervenors' interest would not be adequately represented by the government. Accordingly, we will reverse the district court order denying intervention.

The appellants are seven commercial fishing...

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